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AN ACT
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relating to dropping courses and student withdrawals at |
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institutions of higher education, including the refunding of |
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tuition and mandatory fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.907 to read as follows: |
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Sec. 51.907. LIMITATIONS ON NUMBER OF COURSES THAT MAY BE |
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DROPPED UNDER CERTAIN CIRCUMSTANCES. (a) In this section, |
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"governing board" and "institution of higher education" have the |
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meanings assigned by Section 61.003. |
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(b) This section applies only to an undergraduate student |
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who drops a course at an institution of higher education and only |
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if: |
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(1) the student was able to drop the course without |
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receiving a grade or incurring an academic penalty; |
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(2) the student's transcript indicates or will |
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indicate that the student was enrolled in the course; and |
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(3) the student is not dropping the course in order to |
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withdraw from the institution. |
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(c) Except as provided under rules adopted under Subsection |
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(d), an institution of higher education may not permit a student to |
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drop more than six courses, including any course a transfer student |
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has dropped at another institution of higher education, under |
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circumstances described by Subsection (b). |
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(d) The governing board of an institution of higher |
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education may adopt a policy under which the maximum number of |
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courses a student is permitted to drop under circumstances |
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described by Subsection (b) is less than the maximum number of |
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courses that a student may drop under Subsection (c). |
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(e) The Texas Higher Education Coordinating Board shall |
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adopt rules under which an institution of higher education shall |
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permit a student to drop more courses under circumstances described |
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by Subsection (b) than the number of courses permitted to be dropped |
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under Subsection (c) or under a policy adopted under Subsection (d) |
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if the student shows good cause for dropping more than that number, |
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including a showing of: |
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(1) a severe illness or other debilitating condition |
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that affects the student's ability to satisfactorily complete a |
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course; |
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(2) the student's responsibility for the care of a |
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sick, injured, or needy person if the provision of care affects the |
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student's ability to satisfactorily complete a course; |
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(3) the death of a person who: |
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(A) is considered to be a member of the student's |
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family under a rule adopted under this subsection for purposes of |
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this subdivision; or |
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(B) is otherwise considered to have a |
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sufficiently close relationship to the student under a rule adopted |
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under this subsection that the person's death is considered to be a |
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showing of good cause; or |
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(4) the active duty service as a member of the Texas |
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National Guard or the armed forces of the United States of: |
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(A) the student; or |
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(B) a person who is considered to be a member of |
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the student's family under a rule adopted under this subsection for |
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purposes of this subdivision. |
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(f) In determining the number of courses dropped by a |
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student for purposes of this section, a course, such as a laboratory |
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or discussion course, in which a student is enrolled concurrently |
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with a lecture course is not considered to be a course separate from |
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the lecture course if: |
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(1) concurrent enrollment in both courses is required; |
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and |
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(2) in dropping the lecture course, the student would |
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be required to drop the laboratory, discussion, or other course in |
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which the student is concurrently enrolled. |
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SECTION 2. The heading to Section 54.006, Education Code, |
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is amended to read as follows: |
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Sec. 54.006. REFUND OR ADJUSTMENT OF TUITION AND MANDATORY |
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FEES FOR DROPPED COURSES AND STUDENT WITHDRAWALS. |
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SECTION 3. Section 54.006, Education Code, is amended by |
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amending Subsections (a), (b), (c), and (e) and adding Subsections |
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(a-1), (b-1), and (b-2) to read as follows: |
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(a) A general academic teaching institution or medical and |
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dental unit, as soon as practicable, shall refund the amount of |
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[fees and] tuition and mandatory fees [in excess of the minimum
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tuition] collected for courses from which students drop within the |
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first 12 days of a fall or spring semester or a summer term of 10 |
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weeks or longer, within the first four days of a [summer] term or |
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session of more than five weeks but less than 10 weeks, or within |
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the period specified by the institution for that purpose for a term |
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or session of five weeks or less that is substantially proportional |
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to the period specified by this subsection for a longer term or |
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session. The institution or medical and dental unit may not delay a |
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refund under this subsection on the grounds that the student may |
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withdraw from the institution or unit later in the semester or term. |
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(a-1) An institution may assess a nonrefundable $15 |
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matriculation fee if the student withdraws from the institution |
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before the first day of classes. |
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(b) Except as provided by Subsections (b-1) and (b-2), a [A] |
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general academic teaching institution or medical and dental unit |
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shall refund from the amount paid by [to] a student withdrawing from |
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the institution or unit an amount equal to the product of the amount |
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of tuition and mandatory fees charged [collected] for each course |
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in which the student is enrolled on the date the student withdraws |
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multiplied by the applicable percentage derived from the following |
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tables: |
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(1) if the student withdraws during a fall or spring |
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semester or a summer term of 10 weeks or longer [or comparable
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trimester]: |
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(A) prior to the first class day100 percent |
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(B) during the first five class days80 percent |
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(C) during the second five class days70 percent |
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(D) during the third five class days50 percent |
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(E) during the fourth five class days25 percent |
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(F) after the fourth five class daysNone; [and] |
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(2) if the student withdraws during a [summer] term or |
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session of more than five weeks but less than 10 weeks: |
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(A) prior to the first class day100 percent |
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(B) during the first, second, or third class |
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day 80 percent |
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(C) during the fourth, fifth, or sixth class |
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day 50 percent |
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(D) seventh day of class and thereafterNone; and |
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(3) if the student withdraws from a term or session of |
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five weeks or less: |
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(A) prior to the first class day100 percent |
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(B) during the first class day80 percent |
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(C) during the second class day50 percent |
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(D) during the third class day |
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and thereafterNone. |
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(b-1) If a student has not paid the total amount of the |
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tuition and mandatory fees charged to the student by the |
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institution or unit for the courses in which the student is enrolled |
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by the date the student withdraws from the institution or unit, |
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instead of issuing the student a refund in the amount required under |
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Subsection (b), the institution or unit may credit the amount to be |
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refunded toward the payment of the outstanding tuition and |
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mandatory fees owed by the student. The institution or unit shall |
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issue a refund to the student if any portion of the amount to be |
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refunded remains after the outstanding tuition and mandatory fees |
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have been paid. |
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(b-2) A general academic teaching institution or medical |
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and dental unit may provide to a student withdrawing from the |
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institution or unit a refund of a portion of the tuition and |
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mandatory fees charged to the student by the institution or unit for |
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the courses in which the student is enrolled on the date the student |
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withdraws in an amount greater than the amount required by |
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Subsection (b). The institution or unit may apply the portion of |
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the refund authorized by this subsection toward the payment of any |
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outstanding tuition and fees as provided by Subsection (b-1), and |
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may refund the remainder of that portion in the form of, as the |
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institution or unit considers appropriate: |
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(1) a payment made directly to the student; or |
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(2) credit toward payment of tuition and mandatory |
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fees for a subsequent semester or other academic term at the |
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institution or unit. |
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(c) Separate withdrawal refund schedules may be established |
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for optional fees [such as intercollegiate athletics, cultural
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entertainment, parking, and yearbooks]. |
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(e) A general academic teaching institution or medical and |
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dental unit may [shall] terminate a student's student services and |
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privileges, including [such as] health services, library |
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privileges, facilities and technology usage, and athletic and |
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cultural entertainment tickets, when the [a] student withdraws from |
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the institution. |
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SECTION 4. Subsection (g), Section 54.006, Education Code, |
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is repealed. |
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SECTION 5. The Texas Higher Education Coordinating Board |
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shall adopt the rules required by Subsection (e), Section 51.907, |
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Education Code, as added by this Act, relating to permitting a |
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student who shows good cause to drop more than a specified number of |
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courses, as soon as practicable after this Act takes effect. For |
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that purpose, the coordinating board may adopt the initial rules in |
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the manner provided by law for emergency rules. |
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SECTION 6. Section 51.907, Education Code, as added by this |
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Act, applies only to the number of courses that may be dropped by a |
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student who beginning with the 2007 fall semester enrolls in a |
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public institution of higher education as a first-time freshman. |
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SECTION 7. The change in law made by this Act applies to |
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tuition and mandatory fees charged beginning with the fall 2007 |
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semester. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1231 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1231 passed the House, with |
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amendments, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |